Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1887-03-08
Tax on Druinmers Decided UncOnsai-
rutiSRSi.

As stated in yesterdays GAZETTE, an I'M
portant question was decided by the U. S.
Surname Court. IL was that no state or
municipality has right TO impose license
tax upon drummers or travelling statesmen
from another state seeking TO sell goods by
sample or otherwise, because it ia an inter
ference with interstate commerce, and Is,
therefore, unconstitutional. There were
two cases-one from Tennessee and one
from Maryland The first was that OF So
bne Robbins, plaintiff in error, against The
Taxing District of Shelby County Tennessee.
In error to the Supreme Court, of Tennessee.
This case arises out of the following state of
facts Robbins was engaged in Memphis in
soliciting orders for stationery for q Cincin.
natl firm, and in exhibiting samples for the
purpose of efiacting sales. state law, ap
plicable only to this one taxing district, was
in force, suhjecting drum ers" and all per-
sons not having regular licensed house OF
business in the district, Offering or selling
goods by sample to tax of ten dollars q
week or twenty-five dollars month. Rob-
bins. who was unlicensed, was arrested,
tried, convicted and fined, and on appeal
the Judgment was affirmed. The case has
been brought to this court on writ of error
upon the ground that the law imposing the
tax is repugnant to that clause of the Con
stituiton OF the United States which declares
that Congress shall have the power to reg
ulate commerce among the several states.
The principal question involved is as to the
constitutionality of the act which imposed
the tax, and it is in the opinion of this court
question of great importance to the.people
of the United States, both as respects their
business interests and their constitutional
rights. In long and carefully prepared
opinion by Justice Bradley, this court holds
that;
/. The Constitution gives to Congress the
power to regulate commerce among the
states and that power is necessarily excu-
sive whenever the subjects of it are national
in their character or admit only of one uni
form system or plan Of regulation.
.. Where the power of Congress to regu-
late is exclusive, its failure to act indicates
its will that the subject shall be left free
| from any restrictions or impostions and any
regulation by the states, except in matters
Of local concern only, is repugnant to such
freedom
8. The only way in which commerce be.
tween the states can be legitmately affect
ed by state laws is when by virtue of its pc.
lice power and its jurisdiction over persons
and property within its limits, state pro-
vides for the security Of life, limb, health,
comfort and property, or when it does those
things which may incidentally affect COM
merce. But in making such internal regu'
lations, state cannot impose taxes upon
persons passing through or coming in mere
| " for temporary purpose, ror upon prop
erty imported and not yet become part of the
common mass, and no discrimination can be
made by any such regulations adversely to
the persons or property of other states, and
no regulations can be made directly affect
ing interstate commerce. In the matter of
interstate commerce, the United States
are, in the opinion of this court but
one country, and are and must be subject to
one system Of regulations, and not to null
| tilude Of systems 1t seems to be forgotten
| that the people Of this country are citizens
ofthe United States as we'll as of the indi-
vdual state, and that they have some rights
| under the Constitution and laws of the for
mer, Independent of the later. and free from
any interference or restraint from Them 10
deny the state the power to lay the tax or
require the licenses in question, will not, the
court believes, in any perceptible degree,
diminish its resources. Goods, when brought
into state in consequence of a sale by
drummer. will be liable to taxation, and as
much will be realized as il the tax were in
posed before the sale. To tax the sale OF
goods under such circumstances before the
sale, is, in the opinion of the court, clearly
tax on interstate commerce itself. 1t The
employment of drummeis injuriousy affects
local trade, Congress may be appealed to to
make such regulations as the case may de.
mand: and Congress alone can do this. The
confusion into which the commerce OF the
country would be thrown by being subject
ed to state legislation on this subject would
be, the court says, but g repetition of the
disorder which prevailed under the old
Articles of Confederation.
The Judgment of tho Supreme Conrt OF Ten
nessec is reversed, and the plaintiff in error is
ordered to be discharged. Opinion by Justice
Bradley, the Chief Justice and Justices Field and
Gray dissenting, on the ground that the law in
question is applicable to drummers coming into
the Shelby county district from other parts OF
Tennessee as well as those from other States, and
to relieve the latter from taxation imposed on the
former would be determination egainst the cit
i2cns of the State.
A similar decision was rendered-all the Judges
concurrng-in the case of George w. Corson,
plaintiff in error, against the State OF Maryland.
The Judgment of the Court Of Appeals OF that
State is reversed, and the cause remanded, with
directions that the plaintiff i'll error be discharged
REDEMPTION OF TRADE DoLLARs.-The
following circular was issued by the Treas.
ury Department yesterday to holders Of
trade dollars lowing to the present made
quate provision for the reception and stor.
age of trade dollars the redemption of
which is provided for under the net of Con-
gress passed February 20, 1887, the follow
ing regulations will be observed, in order,
80 far as practicable, to comply with the
terms of the law Trade dollars ii not de-